Serious Organised Crime and Police Act 2005

Prospective

23 Mutual assistance between SOCA and law enforcement agencies: voluntary arrangements E+W+S+N.I.

(1) Subsection (2) applies if—

(a) the chief officer of a police force in the British Islands or of a special police force, or

(b) a law enforcement agency operating in the British Islands,

notifies the Director General of SOCA that that force or agency has a special need for assistance from SOCA and requests the Director General of SOCA to provide it with such assistance.

(2) In such a case the Director General of SOCA may provide that force or agency with—

(a) such members of the staff of SOCA, or

(b) such other assistance,

as the Director General of SOCA considers appropriate in the circumstances.

(3) Subsection (4) applies if the Director General of SOCA notifies—

(a) the chief officer of a police force in the United Kingdom or of a special police force, or

(b) a law enforcement agency operating in the United Kingdom,

that SOCA has a special need for assistance from that force or agency and requests it to provide SOCA with such assistance.

(4) In such a case the chief officer of that force or the agency in question may provide SOCA with—

(a) such constables or members of the staff of the agency, or

(b) such other assistance,

as the chief officer or the agency considers appropriate in the circumstances.

(5) But before the Scottish Drug Enforcement Agency provides any constable under subsection (4), its Director must obtain the agreement of the chief constable of the police force from which the constable is seconded to the Agency.

(6) Where a member of the staff of SOCA is provided under this section for the assistance of a police force, a special police force or a law enforcement agency, he shall be under the direction and control of the chief officer of the force or the head of the agency (as the case may be).

(7) Where—

(a) a constable,

(b) a member of the staff of the Scottish Drug Enforcement Agency, or

(c) a member of the staff of a law enforcement agency,

is provided under this section for the assistance of SOCA, he shall be under the direction and control of the Director General of SOCA (despite anything in, or in any agreement made under, any other enactment).

(8) Where SOCA provides assistance under this section for—

(a) a police force in the United Kingdom or a special police force, or

(b) a law enforcement agency operating in the United Kingdom,

the relevant police authority or (as the case may be) that agency must pay to SOCA such contribution, if any, as may be agreed between them or, in the absence of agreement, as may be determined by the Secretary of State.

(9) Where SOCA is provided with assistance under this section by—

(a) a police force in the United Kingdom or a special police force, or

(b) a law enforcement agency operating in the United Kingdom,

SOCA must pay to the relevant police authority or (as the case may be) that agency such contribution, if any, as may be agreed between them or, in the absence of agreement, as may be determined by the Secretary of State.

(10) If the assistance mentioned in subsection (8) or (9) is provided for or (as the case may be) by—

(a) a police force in Scotland,

(b) the Scottish Drug Enforcement Agency, or

(c) the Scottish Administration,

the Secretary of State must, before making a determination under the subsection in question, consult the Scottish Ministers.

(11) In this section—

• “law enforcement agency” has the meaning given by section 3(4) (subject to any territorial restrictions contained in this section);

• “police force”, in relation to the British Islands, includes the States of Jersey Police Force, the salaried police force of the Island of Guernsey and the Isle of Man Constabulary;

• “relevant police authority” means—

  (a)

  in relation to a police force in Great Britain, the police authority maintaining that force (or, in the case of a police force for a combined area, the joint police board for that area),

  (b)

  in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Northern Ireland Policing Board,

  (c)

  in relation to the Ministry of Defence Police, the Secretary of State,

  (d)

  in relation to the British Transport Police Force, the British Transport Police Authority,

  (e)

  in relation to the Civil Nuclear Constabulary, the Civil Nuclear Police Authority, and

  (f)

  in relation to the Scottish Drug Enforcement Agency, the Agency itself.